LANSING, Mich. – Relief could be on the way from the steep penalties levied on family farms if a work-related death of an immediate family member is late in being reported in Michigan.

The effort to change the current state law was triggered by the 2019 death of a farmer whose family was fined over $12,000 for failing to report the accident within eight hours as required from all employers by the Michigan Occupational Safety and Health Administration (OSHA).

Eight hours would still be the reporting deadline, but the fine would be reduced by 80 percent for first-time violators under the measure passing out of the Michigan House of Representatives on Sept. 3 by a wide margin.

House Bill 4017, sponsored by Rep. Jerry Neyer (R-Shepherd) and supported by Michigan Farm Bureau, was before the Committee on Labor in the State Senate for further consideration.

“We’re standing with farmers and their families by making sure that no one grieving the loss of a loved one is harshly punished for simply being human,” Neyer said.

Neyer, a dairy farmer and member of the Isabella County branch of farm bureau, said the bill respects the emotional toll of losing a loved one and need for compassion in enforcing workplace safety regulations. He’s also chairman of the House Agriculture Committee.

“When a loved one dies unexpectedly on a family farm, the last thing on anyone’s mind is paperwork. My plan maintains the need to alert the state of workplace fatalities while recognizing the difficulty of these situations and offering more grace for those who miss the deadline,” he said.

Keith Eisenmann, the co-owner of a family farm, died after falling through a roof while making repairs to a barn.

Neyer said the family was “understandably distraught” and was late in filing the paperwork, yet fined over $12,000 for what he described as a “minor oversight.”

The family’s appeal was denied.

“My legislation brings common sense to an outdated rule by acknowledging you can’t treat family farms the same way you treat huge corporations with massive human resource departments. Our Michigan farms are the heart of our rural communities and they deserve fair, human treatment when facing the unthinkable,” he said.

Previous attempts to pass the legislation failed when the measure stalled in the Senate in 2023 and Gov. Gretchen Whitmer vetoed it in 2021.

Whitmer said MIOSHA was already allowed to reduce fines on family farms cooperating with death investigations by up to 90 percent.

She also said the definition of family farm in the bill was inconsistent with federal OSHA policies and could lead to confusion and possible state non-compliance with federal requirements.

MFB Legislative Counsel Josh Scramblin said the deadline plays a critical role in protecting workers but disagrees with the one size fits all employers approach in the current law.

“Timely reporting helps prevent unsafe conditions from being concealed, but it’s essential to recognize that these excessive penalties will not prevent on-farm accidents in the future,” he said.

The bill passed with unanimous Republican support and while Democrats were virtually split over the measure.